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There is a growing recognition within the international
humanitarian community that there is a strong need to integrate land tenure and
property issues into early post-conflict recovery processes.
Historically, it has often been the case that humanitarian practitioners have
either not been aware of the importance of these issues for early recovery
outcomes or have viewed them as too complex or politically risky to confront in
the immediate post-conflict setting. Presently however, drawing on a wide
range of experiences in Africa, Asia Latin America and the Caribbean and
elsewhere, it has become clear that land tenure and property issues can have a
direct impact on both immediate post-conflict early recovery processes (e.g.
protection, camp management, DDR, rehabilitation of agricultural livelihoods
etc.) and on longer-term development outcomes. At the very worst, a
failure to understand and address these issues can contribute to a return to
conflict, or the emergence of new conflicts; at a minimum, it can reduce the
overall impact of humanitarian interventions, in particular, for the poorest
and most vulnerable groups.
Integrating short-term and long-term solutions
Current thinking is that both short-term and long-term land tenure and
property issues should be addressed at the very onset of the post-conflict
early-recovery process. There are, it is recognised, very significant
benefits from addressing longer-term issues from the very onset. There
are then, two very closely related, but nonetheless distinct, sets of land
tenure and property issues:
- Short-term issues: related to protection, displacement, beneficiary
selection, camp management, agricultural recovery, local dispute resolution
etc.
- Longer-term issues: IDP/refugee resettlement/relocation, related
to land administration, land policy, dispute resolution, labour market
development and longer-term economic growth etc.
The Post-Conflict Land Challenge
In contrast to the case of land tenure and property issues in post-disaster
settings, there is already a significant technical knowledge base with regard
to post-conflict land tenure and property issues (See for example, FAO (2005)
Access to rural land and land administration after violent conflicts;
UN-HABITAT (2007) Hanbook on Post-Conflict Land Administration and Peacebuilding;
and USAID (2005) Land and Conflict: A toolkit for intervention). The challenge
then, is slightly different. A key operational constraint at present is
that most stakeholders involved in early recovery are not aware of the issues
and therefore fail to identify them or appropriate solutions. This lack
of awareness means that in some cases, land tenure and property issues can
become more problematic during the relief and early recovery process.
The challenge is therefore threefold:
- To assemble guidelines reflecting state-of-the-art knowledge and
establish agreed and tested system-wide protocols for identifying, and when
possible, responding to land and property issues in post-conflict settings;
- To raise awareness of the importance of addressing land tenure and
property issues in post-conflict settings amongst key stakeholders, including
CWGER members, governments, IASC country teams in post-conflict teams,
international and local NGOs and other humanitarian partners.
- To build institutional capacities to respond effectively to land
tenure and property issues in post-conflict settings, through, for example,
establishing a cadre of trained land tenure experts able to work in
post-conflict settings
Post-Conflict Land Tools Development
To respond to these challenges, UN-HABITAT/GLTN
will develop a set of guidelines and a decision-making toolkit to enable
Governments and the international humanitarian community to identify and
address land issues in a post-conflict situation. This will lead to a set
of informal, agreed and tested protocols to guide action in post-conflict
settings.
The tools currently under
development target different audiences and are designed to strengthen the
international community’s capacity to address land and property challenges in
post-conflict situation. They include:
“Quick Guide”
on land issues targeting humanitarians who may have a limited technical
background in land. The document offers simple guidance, do’s and don’t
recommendations, lessons from country experience and a glossary of common land
terms and concepts.
“Guidelines”
a more detailed document on land and conflict, targeting land professionals and
aimed at developing a more integrated programmatic approach to land
issues. They offer in-depth, operational
information on developing, implementing and monitoring post-conflict land
interventions, built on the findings of a series of thematic papers on specific
post-conflict land issues and field experiences.
At the same time, the HLP Group under the Global
Protection Cluster, led by UN-HABITAT has been drafting a “Checklist for Humanitarian Coordinators and Protection Clusters”
with a view to assist these better understand the complex issues, the legal and
policy implications and how to facilitate interventions in this regard.
Workshop on “Tools for assessing and addressing post-conflict land
issues”
The technical Workshop, held from
10 to12 June 2009 in Geneva,
was organized by GLTN, UN-HABITAT, the Cluster Working Group on Early Recovery
(CWGER) and the Protection Cluster HLP Group.
The meeting reviewed progress on the Checklist, the Quick Guide and the
Guidelines.
The three documents have
different target audiences, objectives and lengths. The documents are also in
different stages of work, with more work having been done on the Checklist and
Quick Guides than on the Guidelines. Due
to UN-HABITAT involvement in the production of all three, reviewing them in the
same Workshop provided an opportunity to harmonize the content and ensure the necessary
coherence.
The Workshop was structured to:
- Promote a language that takes into account the
continuum from relief to recovery and the needs of humanitarians and land
specialists;
- Review and validate the draft Quick Guide and Check
List;
- Finalize the structure and indicative contents of the
comprehensive Guidelines.
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More than 20 participants from
different organizations contributed with their recommendations which will be
included in the three documents as they are revised. The documents will be peer-reviewed again by
the Workshop participants and a wider network before finalization.
Please find below the links to the meeting presentations, proceedings and drafts:
- Meeting background information and agenda: Provides an over-view of the meeting objectives, structure and audience;
land_and_conflict_workshop_-_background_note_-_10-12_june_2009_-_final_2 58.74 Kb
- Meeting participants list: list of the participants that contributed to the different sessions
wshop_participants_list 12.91 Kb
- Meeting Reportincluding the recommendations for the next steps in the development of the three documents.
Meeting_Report_June_2009 96.41 Kb
- Draft “Quick Guide to Post-Conflict Land Issues” for humanitarians: this document was presented in the meeting for discussion and is currently under revision based on the meeting’s recommendations;
quick_guide_post-conflict_land_-_discussion_draft_june_2009 1.31 Mb
- Draft “Check-list” for Humanitarian Coordinators and Protection Clusters”: this document was presented in the meeting for discussion and is currently under revision based on the meeting’s recommendations; The new version will soon be up-loaded.
- Post-Conflict Land Guidelines presentations: Each of the land experts identified as authors for the Guidelines Thematic chapters made a short presentation.
Workshop on “Land and Conflict issues and tools”
The technical Workshop, held from 14 to17 September 2009 in Nairobi, was organized by UN-HABITAT, GLTN, the Cluster Working Group on Early Recovery (CWGER) and the Protection Cluster HLP Group. The meeting reviewed progress on the tools that UN-HABITAT is developing with partners on land and conflict, including: Guidelines, Handbook, Check-list and Policy Paper.
The four documents have different target audiences, objectives and lengths as summarized in the table below. The documents are also in different stages of work, the Checklist and Handbook are final drafts and the Guidelines and Policy Paper are undergoing peer-review. Due to UN-HABITAT involvement in the production of all four, reviewing them in the same Workshop provided an opportunity to harmonize the content and ensure the necessary coherence.
Table 1: Overview of Land and Conflict Related Products under development for the UN System
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Target Audience
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Purpose
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Pag
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HLP Checklist
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Resident Coordinators, Humanitarian Coordinators other humanitarians
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- Emphasize need to address land and property issues early and effectively
- Provide guidance for immediate action
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4
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Land & Natural Resources Conflict
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Resident Coordinators
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- Guidance Note for Resident Coordinators
- 4 papers prepared separately by UN-HABITAT, UNEP, DPA, UNDP
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20
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Quick Guide/Handbook
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Humanitarians with limited land background
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- Clear and simple guidance for the immediate post-conflict environment from a “Do no harm” perspective
- References for further information
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40
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Guidelines
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Specialists (national land experts, humanitarians with a background in land)
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- Detailed analysis of land issues
- Operational and programming guidance for different contexts
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200
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The Workshop had four broad objectives:
- Review and validate the compiled draft of the Guidelines (14-16 September 2009),
- Review two papers prepared by UN-HABITAT and UNEP as part of the process of developing the ““Land and Natural Resources Conflict Guidance Note” (16 September 2009 afternoon):
- Discuss recently developed tools with humanitarian actors from Kenya and the region “Quick Guide/Handbook and HLP Checklist (17 September 2009 morning),
- Launch of the ODI publication “Uncharted Territory: Land, Conflict and Humanitarian Action” (17 September 2009)
Please find below the links to the meeting background notes and reports:
- Background Note 14-17 September (including agenda and participants list)
land_and_conflict_workshop_-_background_note_-_14-17_september_2009_final 265.67 Kb
- Guidelines Meeting Report
un-hab_land__conflict_workshop_report_-_final_-_nov_2009 642.60 Kb
- Background Note18 September, Round-table
land_and_conflict_tools_humanitarians_1-pager 164.01 Kb
- Humanitarians Coordinators Check-list on Land Issues
hc_checklist_on_hlp_and_land_issues_final 397.65 Kb
- Land and Conflict, a Handbook for Humanitarians, draft September 2009
land_and_conflict_-_a_handbook_for_humanitiarians-_draft_september_2009 1.13 Mb
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